Rahul Rajbhar And 2 Others vs State Of U.P. And Another
2021 Latest Caselaw 4817 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 4845 of 2021
 

 
Applicant :- Rahul Rajbhar And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sunil Dubey
 
Counsel for Opposite Party :- G.A.,Ramji Singh Patel
 

 
Hon'ble Pankaj Bhatia,J.

Present application has been filed seeking quashing of the order dated 21.12.2020 passed in S.T. No. 41 of 2019 (State Vs. Rahul Rajbhar and others), Case Crime No. 102 of 2019, under Sections 323, 504, 506 IPC and Section 3 (1) (Dha) of SC/ST Act, Police Station Sarnath, District Varanasi pending before the Special Judge (SC/ST) Act, Varanasi whereby the discharge application filed by the applicant has been rejected.

Submission of counsel for the applicants is that the informant does not belong to Scheduled Caste in terms of the provisions of The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. He places reliance on the list of the Scheduled Caste and Scheduled Tribes in the State of Uttar Pradesh, which does not include the scheduled caste of 'Gond' in respect of district Varanasi. He further argues that even on the basis of the statements in the FIR and that of the witnesses, no case can be said to be made out as the caste is not specified. He places reliance on the judgment in the case of Hitesh Verma Vs. State of Uttrakhand and another, AIR 2020 SC 5584.

The matter requires consideration.

Issue notice.

Steps be taken to serve the Opposite Party No. 2 within two weeks.

Sri Ramji Singh, counsel for the Opposite Party No. 2 shall file counter affidavit within four weeks. Two weeks' thereafter is granted for filing rejoinder affidavit.

List thereafter.

Until further orders of this Court, no coercive action shall be taken against the applicants.

Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.

Order Date :- 26.3.2021

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